Child Sexual Abuse Material Laws by State (2026)
How each state handles child pornography (child sexual abuse material) and the penalties, from each state's code.
| State | Child pornography (child sexual abuse material) |
|---|---|
| Alabama | Alabama calls child pornography 'child sexual abuse material.' Knowingly possessing it is a Class C felony (1 year and 1 day to 10 years); possessing it with intent to disseminate is a Class B felony (2 to 20 years), and transferring it to a device or place that others can access is prima facie evidence of that intent. Disseminating or publicly displaying it, or advertising or distributing material presented as depicting a real minor, is a Class B felony. Producing it is a Class A felony (10 to 99 years or life), as is a parent or guardian knowingly allowing a child to be used to produce it. Ala. Code 1975 §§ 13A-12-191, 13A-12-192, 13A-12-196, 13A-12-197; class ranges § 13A-5-6 |
| Alaska | Alaska calls this 'child sexual abuse material.' Distributing it, which includes selling, giving, exchanging or placing it on a computer network whether or not for money, is a class B felony (a class A felony with a prior distribution conviction), and possessing 100 or more items is evidence of intent to distribute. Possessing it is sentenced as a sexual felony with a presumptive 2 to 12 years for a first felony offense. Producing such material by using or photographing a child under 18 in sexual conduct is 'unlawful exploitation of a minor,' a class A felony, or an unclassified felony if the child is under 13 or the person has a prior conviction. Sexual felonies can be punished by up to 99 years. AS 11.61.125, 11.61.127, 11.41.455, 12.55.125(i); AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | Arizona calls this sexual exploitation of a minor: knowingly making, copying, distributing or possessing a visual depiction of a minor engaged in exploitive exhibition or other sexual conduct. The law also covers a child sex doll made to look like a real child under 12, and watching a nude minor for sexual gratification (consensual conduct between minors 15 or older is excluded from that part). It is a class 2 felony; when the minor is under 15 it is a dangerous crime against children carrying 10 years minimum, 17 presumptive and 24 maximum for a first offense. Depictions admitted as evidence must be sealed by the court. A.R.S. §§ 13-3553, 13-705 |
| Arkansas | Knowingly distributing, possessing or viewing material showing a child in sexually explicit conduct (including photos, video and computer files) is a Class C felony (3 to 10 years) for a first offense and a Class B felony (5 to 20 years) for any later offense. It is an affirmative defense that the defendant reasonably and in good faith believed the person shown was at least 17. Using, persuading or coercing a child to engage in sexually explicit conduct to produce photos, video or print material, or a parent or guardian knowingly allowing it, is a Class Y felony (10 to 40 years or life). Ark. Code Ann. §§ 5-27-602, 5-27-303 |
| California | Knowingly possessing or controlling images or video of a person under 18 engaged in sexual conduct, including digitally altered or AI-generated material, is punishable by state prison or up to 1 year in county jail and/or a $2,500 fine, so it can be charged as a misdemeanor or felony; with a prior conviction for this or a registrable sex offense it is a felony of 2, 4 or 6 years. Making, copying or distributing such material for commercial purposes is a felony of 2, 3 or 6 years or a fine up to $100,000; distributing it non-commercially to adults can be charged as a misdemeanor or felony, and distributing it to a minor is a felony. Using or persuading a minor to pose or model for such material for commercial purposes is a felony of 3, 6 or 8 years, and doing so without a commercial purpose is also a felony. Cal. Pen. Code 311.11, 311.2, 311.4, 311.1; Pen. Code 17, 18, 19, 1170(h) |
| Colorado | Colorado calls this sexual exploitation of a child (a child is anyone under 18). Producing such material, causing a child to take part, or publishing, selling, distributing or making it accessible to others (including online), or possessing it with intent to distribute, is a class 3 felony (4 to 12 years). Accessing with intent to view, viewing or possessing it is a class 5 felony (1 to 3 years) for each item, raised to a class 4 felony for a second offense or if the item is a video. Higher 'extraordinary risk' ranges apply if the material shows a child under 12, physical force, or sexual intercourse, intrusion or sadomasochism. A juvenile whose conduct only involves the separate offenses of possessing or exchanging a private image of a peer is not prosecuted under this section. C.R.S. § 18-6-403(2)(a), (3), (3.5), (5), (5.5) |
| Connecticut | Connecticut calls this 'child sexual abuse material.' Knowingly possessing it is graded by amount: first degree (50 or more images, any image showing serious physical injury, or certain videos) is a class B felony with 5 years mandatory; second degree (20 to 49 images) is a class C felony with 2 years mandatory; third degree (fewer than 20) is a class D felony with 1 year mandatory. Importing three or more images to promote them is a class B felony (5 years mandatory), employing a minor in an obscene performance is a class A felony (10 years mandatory), and promoting a minor in an obscene performance is a class B felony. A teen under 18 who keeps a self-made image sent voluntarily by someone under 16, or a teen under 16 who sends their own image to another minor, commits only a class A misdemeanor. Conn. Gen. Stat. §§ 53a-196a, 53a-196b, 53a-196c, 53a-196d, 53a-196e, 53a-196f, 53a-196h |
| Delaware | Delaware calls this child sexual abuse material. Knowingly possessing it (including an altered image made to look like a child in a sexual act) is a class F felony (up to 3 years). Making it (sexual exploitation of a child) and dealing in it (distributing, transmitting, selling or advertising it) are class B felonies (2 to 25 years), or class D felonies (up to 8 years) when the image shows only 'partial nudity'; a person must be 18 or older to be guilty of those partial-nudity offenses. A second conviction for making it carries life imprisonment, and a repeat dealing conviction is a class B felony. 11 Del. C. §§ 1108, 1109, 1110, 1110A, 1111; § 4205 |
| District of Columbia | D.C. treats this as 'sexual performance using minors.' It is a crime to use, employ or induce a person under 18 in a sexual performance, for a parent or guardian to allow it, to knowingly produce, direct or promote a performance with sexual conduct by someone under 18, and to knowingly attend, transmit or possess such a performance (including photos and videos). The penalty is up to 10 years for a first offense and up to 20 years for a later offense, plus a fine. An adult no more than 4 years older who receives an image from the minor is treated differently, and it is a defense that the person had fewer than 6 photos or one video and promptly destroyed it or reported it to police. D.C. Code §§ 22-3102, 22-3103, 22-3104 |
| Florida | Florida calls this child sexual abuse material. Knowingly possessing, controlling, intentionally viewing or soliciting it is a second-degree felony (up to 15 years), and each image (and each child in each image) is a separate offense. Possessing it with intent to promote (three or more copies is evidence of that intent) is also a second-degree felony. Using a child in a sexual performance is a first-degree felony with a 15-year mandatory minimum for adults, or a life felony with a 25-year minimum if the child is under 12; promoting a sexual performance by a child is a second-degree felony with a 5-year minimum for adults. A narrow exception covers some images made with the child's permission by someone no more than 4 years older. Fla. Stat. § 827.071(2)-(5); §§ 775.082, 775.083 |
| Georgia | Georgia calls this sexual exploitation of children. It is a felony to use or coerce a minor into sexually explicit conduct for photos, video or a performance, for a parent to allow it, to create, distribute or sell such material, to bring it into Georgia, or to knowingly possess or control it. The penalty is 5 to 20 years in prison and a fine of up to $100,000 (no fine if the offender is in the child's immediate family); a repeat sexual felon faces life or a split sentence with lifetime probation. Making, possessing or sharing an image is a misdemeanor if the minor was at least 14 and agreed to it, the defendant was 18 or younger, and it was not shared to harass or for profit. O.C.G.A. § 16-12-100(b), (f), (g) |
| Hawaii | Hawaii calls this promoting child abuse. Producing child pornography, or making pornographic material or a performance using a minor, is first degree, a class A felony (20 years). Distributing, transmitting or copying it to distribute, or possessing 30 or more images when at least one shows a child under 12, sadomasochistic abuse or bestiality, is second degree, a class B felony (10 years). Knowingly possessing any child pornography is third degree, a class C felony (5 years). Haw. Rev. Stat. §§ 707-750, 707-751, 707-752 |
| Idaho | Idaho calls this 'sexual exploitation of a child.' Knowingly possessing or accessing sexually exploitative material showing a child under 18 (including material altered to show an identifiable real child) is a felony up to 10 years and/or a $10,000 fine. Producing it, using a child to make it, or promoting, publishing or distributing it is a felony up to 30 years and/or a $50,000 fine. A separate 2024 law makes producing, distributing, receiving or possessing an obscene depiction of a child engaged in sexual conduct, including one made with generative AI, a felony up to 5 years and/or $5,000, even if the child depicted does not exist. Minors who send self-made images to peers are handled under a separate juvenile provision (mostly misdemeanors). Idaho Code §§ 18-1507, 18-1507A, 18-1507C |
| Illinois | Illinois now names this offense 'child sexual abuse material' (formerly child pornography). Possessing material depicting a child under 18 (or a person with a severe or profound intellectual disability) in sexual acts or poses is a Class 3 felony (2 to 5 years), or a Class 2 felony (3 to 7 years) if it is a film or other moving depiction or the child is under 13. Producing it, disseminating or possessing it with intent to disseminate, using or enticing a child to appear in it, or a parent or guardian permitting it, is a Class 1 felony (4 to 15 years), or a Class X felony (6 to 30 years) for moving depictions or a child under 13. Each offense carries a mandatory minimum fine of $1,000 to $2,000 and a maximum of $100,000, and each separate image is a separate violation. A separate crime covers obscene depictions of a 'purported child', including computer-generated images indistinguishable from a real child: receiving or accessing them is a Class 3 felony and disseminating them a Class 1 felony, with higher grades for repeat offenses or depictions indistinguishable from a child under 13. 720 ILCS 5/11-20.1(a), (a-5), (c), (c-5); 5/11-20.4; 730 ILCS 5/5-4.5-25 to -65 |
| Indiana | Knowingly possessing or accessing, with intent to view, an image of sexual conduct by a child under 18 (including obscene images of someone who appears to be a child, and simulated images where no real child exists) is possession of child sex abuse material, a Level 6 felony (6 months to 2 1/2 years), or a Level 4 felony (2 to 12 years) with a prior sex offense conviction or if the image involves a child under 12, violence, bestiality or child molesting. Distributing such an image is a Level 5 felony (1 to 6 years), or Level 3 (3 to 16 years) with those factors, for profit, or when sent to a child to induce a crime. Child exploitation (producing or creating such images, or inducing, soliciting or a parent permitting a child to take part) is a Level 4 felony, a Level 3 felony with those aggravating factors, and a Level 2 felony (10 to 30 years) if done by force or threat of force. IC 35-42-4-4, 35-42-4-4.5; IC 35-50-2-4 to -7, 35-50-3-2 to -4 |
| Iowa | Iowa calls this 'sexual exploitation of a minor.' Knowingly buying or possessing a visual depiction of a minor in a sex act is a class D felony for a first offense (up to 5 years) and a class C felony for a second or later offense (up to 10 years), and each image of a different minor, or each depiction of the same minor, is a separate offense. Using, persuading or causing a minor (or an officer posing as one) to engage in a sex act knowing it may be recorded is a class B felony (up to 25 years) with an extra fine of up to $50,000; knowingly promoting material showing a live performance of a minor in a sex act is a class C felony with an extra fine of up to $25,000. Depictions altered or created to show an identifiable real minor are covered. Iowa Code § 728.12 (Iowa Code 2026) |
| Kansas | Kansas calls this 'sexual exploitation of a child.' Possessing a visual depiction of a child under 18 engaged in sexually explicit conduct (or an artificially generated depiction, added in 2025) for sexual purposes, or a parent or guardian permitting a child's use, is a severity level 5 person felony. Using or enticing a child to engage in sexually explicit conduct to make a performance, or promoting such a performance, is a severity level 3 person felony, and an off-grid felony (life with a 25-year mandatory minimum under Jessica's Law) when the offender is 18 or older and the child is under 14. Sharing such material over the internet is internet trading in child pornography (severity level 5), or aggravated internet trading (severity level 3, off-grid if the child is under 14) for performances. Felony prison ranges come from the sentencing grid, which combines the severity level with criminal history. K.S.A. 21-5510, 21-5514, 21-6627 |
| Kentucky | Knowingly possessing, or intentionally viewing, material showing a sexual performance by a minor (including a computer-generated image of a minor) is a Class D felony (1 to 5 years), or a Class C felony (5 to 10 years) if the person knows the minor is under 12. Distributing such material, or possessing it with intent to distribute (possessing more than one unit is presumed to be intent to distribute), is a Class C felony, or a Class B felony (10 to 20 years) if the minor is under 12. Anyone convicted of possessing, viewing or distributing must serve at least 85% of the sentence before probation or parole. Using a minor in a sexual performance is a Class C felony, a Class B felony if the minor is under 16, and a Class A felony if the minor is physically injured. KRS 531.335, 531.340, 531.310, 532.060 |
| Louisiana | Louisiana now calls child pornography 'child sexual abuse materials' (formerly pornography involving juveniles). Intentionally possessing it carries 5 to 20 years at hard labor without parole, probation or suspension and a fine up to $50,000; a second or later conviction carries 10 to 40 years and up to $75,000. Distributing or possessing with intent to distribute carries the same ranges. Producing, promoting or advertising it carries 10 to 20 years at hard labor and up to $50,000 (20 to 40 years and up to $75,000 on a repeat conviction). When the victim is under 13 and the offender is 17 or older, production carries 25 to 99 years, and the other offenses carry a range of one-half to twice the longest term otherwise provided. A minor's consent is not a defense; sexting between minors is handled under a separate statute (R.S. 14:81.1.1). La. R.S. 14:81.1(E) |
| Maine | Maine calls this child sexual abuse material. Possessing or accessing it is a Class D crime (less than 1 year), Class C (up to 5 years) if the child is under 12 or the person has a prior conviction, and Class B (up to 10 years) if both. Disseminating it, or possessing it with intent to disseminate, is Class C, rising to Class B with a prior conviction or a child under 12 and Class A with both; possessing 100 or more images allows an inference of intent to disseminate. Producing it (sexual exploitation of a minor) is Class B with a mandatory minimum of 5 years, and Class A (mandatory minimum 10 years for a repeat offender) if the child is under 12 or the offender has a prior conviction. The laws also cover AI-generated obscene material depicting minors, and exclude images of a 14- or 15-year-old held by someone less than 5 years older. 17-A M.R.S. §§ 282, 283, 284 |
| Maryland | Knowingly possessing and intentionally retaining, or intentionally accessing and viewing, a photo, film or other visual image of an actual child under 16 (or a computer-generated image indistinguishable from an identifiable child) engaged in sexual conduct, sadomasochistic abuse or sexual excitement is a misdemeanor punishable by up to 5 years and/or $2,500; a repeat offense is a felony with up to 10 years and/or $10,000. Producing child pornography (causing or allowing a minor to take part, photographing or filming a minor in sexual conduct, or using a computer to depict it) or promoting, distributing or possessing it with intent to distribute is a felony punishable by up to 10 years and/or $25,000 for a first violation and up to 20 years and/or $50,000 for each later violation. Md. Code, Crim. Law §§ 11-207, 11-208 |
| Massachusetts | Knowingly buying or possessing a photo, video, computer image or other depiction of a child the person knows or should know is under 18 engaged in sexual conduct or a lewd exhibition is punishable, for a first offense, by up to 5 years in state prison or 2.5 years in a jail or house of correction and/or a fine of $1,000 to $10,000; a second offense carries at least 5 years in state prison and/or a $5,000 to $20,000 fine, and a third or later offense at least 10 years and/or $10,000 to $30,000. Using a child in a sexual depiction or performance (posing a child in a state of nudity with lascivious intent, or causing a child to engage in sexual conduct for visual material) and disseminating such material each carry 10 to 20 years in state prison and/or a $10,000 to $50,000 fine. G.L. c. 272, §§ 29C, 29A, 29B |
| Michigan | Michigan calls child pornography child sexually abusive material. Knowingly possessing or accessing it is a felony punishable by up to 4 years and/or a $10,000 fine; distributing or promoting it is a felony punishable by up to 7 years and/or $50,000; and producing, arranging or financing child sexually abusive activity or material is a felony punishable by up to 20 years and/or $100,000. Each rises (to 10, 15 and 25 years respectively, with higher fines) when the material involves a prepubescent child, sadomasochistic abuse or bestiality, or includes a video or more than 100 images. MCL 750.145c(2)-(4) |
| Minnesota | Minnesota calls child pornography child sexual abuse material. Possessing it (including on a computer or storage device), knowing or with reason to know its content, is a felony punishable by up to 5 years and/or $5,000; disseminating it is a felony punishable by up to 7 years and/or $10,000. Both rise (to 10 and 15 years respectively) when the person has a prior conviction, is a registered predatory offender, or the material involves a child under 14. Using a minor in a sexual performance or in producing such material is a felony punishable by up to 10 years and/or $20,000, or up to 15 years and/or $40,000 with those aggravating factors, followed by a 5-year conditional release term after prison. Minn. Stat. §§ 617.247, subds. 3-4; 617.246, subds. 2, 7 |
| Mississippi | Mississippi's child exploitation law makes it a felony to cause or allow a child to engage in sexually explicit conduct for a visual depiction, to photograph or record such conduct, to send, receive, distribute or sell such material, or to knowingly possess it or access it with intent to view it. A first violation carries 5 to 40 years in prison and a fine of $50,000 to $500,000. A second or later violation carries life imprisonment or a lesser term of not less than 20 years, and a fine of $100,000 to $1,000,000. Miss. Code Ann. §§ 97-5-33(1)-(5), 97-5-35 |
| Missouri | Missouri now calls child pornography 'child sexual abuse material.' Possessing it is a class D felony (up to 7 years) for one still image and a class B felony (5 to 15 years) for more than twenty still images, any video, or a repeat offense, and each item can be punished separately. Promoting (distributing) material of a child under 14, or possessing it with intent to promote, is a class B felony with no probation or parole for three years, and a class A felony if promoted to a minor. Producing it (sexual exploitation of a minor) is a class B felony, or a class A felony (10 to 30 years or life) if the victim is a child. RSMo §§ 573.037, 573.025, 573.023 |
| Montana | Child pornography offenses fall under 'sexual abuse of children.' Knowingly possessing material showing a child in sexual conduct, including computer-generated or AI-created images, is punishable by up to 10 years in prison, a fine of up to $10,000, or both. Producing, distributing, selling, advertising, or possessing such material with intent to sell carries life or up to 100 years and up to $10,000, and at least 4 years if the victim is under 16. If the victim was 12 or younger and the offender 18 or older, the sentence is 100 years with 25 years before parole eligibility. MCA § 45-5-625(1)(a)-(g), (2), (4), (6)(a) |
| Nebraska | Nebraska's Child Sexual Abuse Material Prevention Act (2025) covers this. A person 19 or older who knowingly possesses or receives child sexual abuse material commits a Class IIA felony (up to 20 years); for someone under 19 it is a Class I misdemeanor (Class IV felony for a repeat), with narrow defenses for consensual images between teens. Possessing it with intent to distribute is a Class II felony (1 to 50 years) for an adult 19 or older. Making, distributing or selling it, or causing a child to appear in it, is a Class ID felony (3 to 50 years, 3-year mandatory minimum) for an adult. With a prior covered conviction, each offense is a Class IC felony (5 to 50 years, 5-year mandatory minimum). Neb. Rev. Stat. §§ 28-1801, 28-1803, 28-1804, 28-1805 |
| Nevada | Nevada calls this 'child sexual abuse material,' including AI-generated images indistinguishable from a minor. Knowingly possessing it is a category B felony (1 to 6 years and up to $5,000) for a first offense and a category A felony (life with parole after at least 1 year) for a repeat, and each image or child is a separate offense; using the Internet to control it with intent to view it is a category C felony. Preparing, advertising or distributing it is a category B felony (1 to 15 years or a fine up to $15,000), and a category A felony (10 years to life) for a repeat. Using a minor to produce it, or promoting a performance by a minor, is a category A felony with life imprisonment and parole eligibility after 5 years (10 years if the minor is under 14) and a fine of up to $100,000. NRS 200.700, 200.710, 200.720, 200.725, 200.727, 200.730, 200.750 |
| New Hampshire | New Hampshire calls this 'child sexual abuse images.' Knowingly possessing, buying or bringing into the state a visual depiction of a child in sexually explicit conduct is a class A felony (up to 15 years) for a first offense and up to 20 years for a repeat; it is a defense to have possessed fewer than 3 images and promptly destroyed them or reported them to police. Distributing or making such images available, or possessing them with intent to distribute, carries up to 20 years (up to 30 for a repeat), but sharing fewer than 3 images on a first offense is a class B felony. Producing them carries up to 30 years, and up to life for a repeat offense. RSA 649-A:3, 649-A:3-a, 649-A:3-b |
| New Jersey | New Jersey calls this child sexual abuse or exploitation material (CSAEM), and it includes computer-generated images. Causing or permitting a child under 18 to engage in a prohibited sexual act knowing it may be photographed, filmed or put on the internet is a first-degree crime (10-20 years); photographing or filming a child in such an act is second degree (5-10 years). Distributing it, possessing it with intent to distribute, or storing it in a file-sharing program is second degree, or first degree for 1,000 or more items, with mandatory parole-ineligibility terms of at least 5 years (25-999 items) or 10 years (1,000 or more). Knowingly possessing or viewing it is third degree (3-5 years) for under 1,000 items, second degree for 1,000 to 99,999, and first degree for 100,000 or more; a repeat offense requires an extended term. Each image counts as one item and each video as 10. N.J.S. 2C:24-4(b)(1), (3)-(5), (7); N.J.S. 2C:43-6 |
| New Mexico | New Mexico calls this 'sexual exploitation of children'. Knowingly possessing obscene material depicting a child under 18 in a prohibited sexual act is a fourth degree felony for sexual exploitation of children (basic sentence 10 years), and if a depicted child is under 13 the sentence increases by one year, with the first year served and not suspendable. Distributing it, or causing or permitting a child to engage in a prohibited sexual act knowing it may be recorded or performed publicly, is a third degree felony (11 years; second degree if the child is under 13). Manufacturing it is a second degree felony (12 years). Making or distributing obscene material that falsely depicts a real child as a participant (for example an altered image) is a fourth or third degree felony. A narrow exception covers a minor's consensual possession of images of a 14- to 17-year-old who voluntarily made or agreed to them. NMSA 1978, 30-6A-3; NMSA 1978, 31-18-15, 31-19-1 |
| New York | New York calls these crimes involving a 'sexual performance by a child', and the laws cover digitally created or altered material. Use of a child in a sexual performance (employing, authorizing or inducing a child under 17 to take part) is a class C felony (up to 15 years). Promoting a sexual performance by a child under 17 (producing, directing or promoting it) is a class D felony (up to 7 years), as is promoting an obscene sexual performance by a child. Possessing, or knowingly accessing with intent to view, a sexual performance by a child under 16 (and possessing an obscene one) is a class E felony (up to 4 years). N.Y. Penal Law 263.05, 263.10, 263.11, 263.15, 263.16; 70.00 |
| North Carolina | North Carolina calls these crimes sexual exploitation of a minor; they cover material altered or created to make an identifiable minor appear to be in sexual activity, and child sex dolls. First degree (using, inducing or transporting a minor for sexual activity to be recorded or performed, or producing such material) is a Class C felony (Class D for creating sexualized material of an identifiable minor or a child sex doll for sale). Second degree (distributing, selling, exchanging, receiving, buying or soliciting the material) is a Class E felony. Third degree (possessing it) is a Class H felony. Mistake of age is not a defense. N.C. Gen. Stat. 14-190.16, 14-190.17, 14-190.17A; 15A-1340.17 |
| North Dakota | North Dakota's law covers images of anyone under 18, including AI or computer-generated images made to look like a real minor. Using a minor in a sexual performance (or a parent consenting to it), or an adult posing as a minor to lure one into a sexual performance, is a class A felony (up to 20 years); producing or promoting an obscene sexual performance by a minor is also class A, and promoting any sexual performance by a minor is a class B felony (up to 10 years). Knowingly possessing such material is a class C felony (up to 5 years), raised to class B for 20 or more images, sadistic or violent content, a minor under 12, or a person with a prior registrable sex offense. Commercial offenders face added fines. N.D.C.C. 12.1-27.2-01 to 12.1-27.2-04.2; 12.1-32-01 |
| Ohio | Pandering sexually oriented matter involving a minor: creating, recording, publishing, selling, distributing, advertising or presenting material or performances showing a minor in sexual activity, bringing such material into Ohio, or bringing a minor into or across the state to produce it is a felony of the second degree. Knowingly soliciting, receiving, buying, exchanging, possessing or controlling such material is a fourth-degree felony, or third degree for someone with a prior conviction for this or a related offense. Pandering obscenity involving a minor follows the same grades, and illegal use of a minor in nudity-oriented material is a separate offense. Mistake of age is not a defense. R.C. 2907.322, 2907.321, 2907.323; 2929.14 |
| Oklahoma | Oklahoma's statutes now call this 'child sexual abuse material' or 'child pornography'. Buying, procuring or possessing it is a Class B1 felony punishable by up to 20 years, a fine up to $25,000, or both. Procuring or causing a minor under 18 to take part in it, or knowingly possessing, viewing, sharing, downloading, selling, distributing or manufacturing it, is a Class B1 felony punishable by up to 20 years and up to a $25,000 fine, with no deferred sentence; consent of the minor or a parent is no defense. Aggravated possession (100 or more separate images, each copy counted) is punishable by up to life and a fine up to $10,000, and requires sex offender registration. 21 O.S. §§ 1024.2, 1021.2, 1040.12a |
| Oregon | Oregon calls this 'encouraging child sexual abuse' (a child is anyone under 18). Distributing, duplicating, publishing, selling or financing a visual recording of sexually explicit conduct involving a child, or bringing it into Oregon for sale, is first-degree, a Class B felony (up to 10 years). Knowingly possessing or accessing such material to view it, or paying to view it, is second-degree, a Class C felony (up to 5 years), when the person knows or consciously disregards that its creation involved child abuse; it is third-degree, a Class A misdemeanor, if the person failed to be aware of that risk. Using a child in a display of sexually explicit conduct (inducing a child to take part, or recording it) is a Class A felony (up to 20 years) with a 70-month mandatory minimum. ORS 163.665, 163.670, 163.684, 163.686, 163.687; 137.700(2)(b)(B) |
| Pennsylvania | Pennsylvania now calls this 'child sexual abuse material' and also covers artificially generated material (for example, AI or photo-edited images) that appears to authentically depict a child under 18. Knowingly possessing, controlling or intentionally viewing it, or distributing, selling or displaying it, is a felony of the third degree for a first offense (up to 7 years) and of the second degree for a repeat offense (up to 10 years). Causing or permitting a child under 18 to engage in a sexual act to be recorded, or recording it, is a felony of the second degree. Each of these is raised one grade if the material shows indecent contact with the child or a child under 10 or prepubescent. Sexual exploitation of children (procuring a child for such conduct) is a felony of the second degree. 18 Pa.C.S. §§ 6312(b), (c), (d), (d.1), (g), 6320 |
| Rhode Island | Knowingly producing, sending or transferring by any means (including by computer), or reproducing child pornography is punishable by up to 15 years, a fine up to $5,000, or both. Knowingly possessing any material containing an image of child pornography is punishable by up to 5 years, a fine up to $5,000, or both. Child pornography includes photos, video and computer-generated images of a minor in sexually explicit conduct, and images created, adapted or modified to show an identifiable minor in such conduct. R.I. Gen. Laws § 11-9-1.3 |
| South Carolina | South Carolina calls this 'sexual exploitation of a minor' (a minor is under 18), and it covers 'morphed' images altered to appear to show an identifiable minor. First-degree (producing such material, or using a minor in it, including for sale) is a felony with 5 to 20 years, the minimum not suspendable. Second-degree (distributing, receiving, selling, buying, exchanging or soliciting the material) is a felony with 3 to 10 years. Third-degree (knowingly possessing it) is a felony with up to 10 years for 25 or fewer images, 1 to 10 years for 26 to 250, and 2 to 10 years for more than 250. A person already required to register as a sex offender faces an extra 5 years (first degree) or a 5-year minimum (second and third degree). S.C. Code §§ 16-15-375, 16-15-395, 16-15-405, 16-15-410 |
| South Dakota | Knowingly possessing an image of a minor (under 18) in a prohibited sexual act, or computer-generated child pornography (including images of a real child altered by computer or images made with artificial intelligence that are indistinguishable from a real minor), is a Class 4 felony (up to 10 years) with a mandatory minimum of 1 year (5 years for a repeat offense). Selling or distributing it is a Class 3 felony (up to 15 years) with a 5-year minimum (10 years for a repeat), and manufacturing it is a Class 2 felony (up to 25 years) with a 10-year minimum (20 years for a repeat). A court may depart from these minimums only with written findings of mitigating circumstances. SDCL 22-24A-2, 22-24A-35, 22-24A-36, 22-24A-37, 22-24A-42 |
| Tennessee | Knowingly possessing material showing a minor in sexual activity (sexual exploitation of a minor) is a Class D felony (2 to 12 years), a Class C felony (3 to 15 years) if more than 50 images or items are involved, and a Class B felony (8 to 30 years) if more than 100. Distributing, selling, buying, exchanging or possessing such material with intent to distribute (aggravated sexual exploitation of a minor) is a Class C felony, or Class B if more than 25 images. Using or permitting a minor to take part in producing such a performance or material (especially aggravated sexual exploitation of a minor) is a Class B felony. Each image may be charged as a separate count, and a minor's consent is not a defense. Tenn. Code Ann. §§ 39-17-1003, 39-17-1004, 39-17-1005; § 40-35-111 |
| Texas | Knowingly possessing or accessing with intent to view material showing a child under 18 in sexual conduct is a third-degree felony (2 to 10 years); a second-degree felony (2 to 20 years) with 10 to 49 images or one prior conviction; a first-degree felony (5 to 99 years or life) with 50 or more images, depictions of child sexual assault, or two priors; and a first-degree felony with a 25-year minimum for child-care or youth-facility employees or for displaying it in a school library. Images of a child under 10 raise the grade. Promoting (distributing) it or possessing it with intent to promote is a second- or first-degree felony depending on which 2025 version applies (see note), with a 15-year minimum in listed cases such as 50 or more images. Inducing a child under 18 to engage in a sexual performance is a second-degree felony (first degree if the child is under 14). Since September 1, 2025, Texas also separately punishes AI-generated or computer-generated images that look like a real child (starting as a state jail felony for possession). Tex. Penal Code §§ 43.26, 43.25; §§ 12.32-12.35 |
| Utah | Utah calls it child sexual abuse material. Knowingly possessing, viewing or accessing it (sexual exploitation of a minor) is a second-degree felony (1 to 15 years), and each minor and each separate depiction is a separate offense. Distributing or producing it, or a parent or guardian allowing a child to be exploited (aggravated sexual exploitation of a minor), is a first-degree felony (5 years to life), or second degree if the offender is under 18. There is a narrow defense for a person no more than two years older than the minor depicted who did not solicit the material and deletes it on request. Separate offenses cover apparent (computer-generated) child sexual abuse material. Utah Code §§ 76-5b-201, 76-5b-201.1; § 76-3-203 |
| Vermont | Vermont calls it child sexual abuse material, and 'child' in this chapter means a person under 16. Knowingly possessing or accessing with intent to view a depiction of sexual conduct by a child carries up to 5 years and/or a $10,000 fine (up to 2 years for a lewd exhibition without sexual conduct), and up to 10 years and/or $50,000 after a prior possession conviction. Using a child in a sexual performance, a parent consenting to it, or promoting (distributing) recordings of sexual conduct by a child carries up to 10 years and/or $20,000, or 1 to 15 years and/or $50,000 for a repeat offense. Making such material of a child under 18 who is not a 'child' under this chapter may be prosecuted under other laws not summarized here. 13 V.S.A. §§ 2821, 2822, 2823, 2824, 2825, 2827 |
| Virginia | Knowingly possessing child pornography (sexually explicit visual material showing an identifiable minor, or obscene material depicting a minor) is a Class 6 felony (1 to 5 years), and a Class 5 felony (1 to 10 years) for a second offense. Distributing, selling, sharing, transmitting or possessing it with intent to distribute carries 5 to 20 years, with a 5-year mandatory minimum for a repeat offense. Producing it, or enticing a minor to take part, carries 5 to 30 years if the child is under 15 (5-year mandatory minimum if the offender is at least 7 years older, 15 to 40 years with a 15-year minimum for a repeat) and 1 to 20 years if the child is 15 to 17 (3 to 30 years with a 3-year minimum if the offender is at least 7 years older). Va. Code §§ 18.2-374.1, 18.2-374.1:1; § 18.2-10 |
| Washington | Washington's law refers to depictions of a minor engaged in sexually explicit conduct. Knowingly possessing such material is a class B felony (up to 10 years and/or $20,000) in both degrees; in first degree each image is a separate offense. An adult dealing in it (publishing, sharing, exchanging, selling or possessing it to distribute) or bringing it into the state for sale or distribution commits a class B felony. Sexual exploitation of a minor (compelling, causing or permitting a minor to engage in sexually explicit conduct to be photographed or performed) is a class B felony. The possession and import laws do not apply to minors with images of other minors 13 or older, or to children under 13 with images of themselves. RCW 9.68A.040, 9.68A.050, 9.68A.060, 9.68A.070; RCW 9A.20.021 |
| West Virginia | Producing it: using, persuading or coercing a minor to engage in sexually explicit conduct to create a visual portrayal, or creating such a portrayal, is a felony punishable by up to 10 years, a fine up to $10,000, or both (the same applies to a parent or custodian who allows it). Distributing, exhibiting, possessing, electronically accessing with intent to view, displaying or transporting such material, including computer-generated child pornography, is a felony graded by the number of images: 50 or fewer, 2 to 5 years and/or up to $5,000; more than 50 but fewer than 300, 3 to 15 years and/or up to $10,000; 300 or more, or material depicting violence against a child or bestiality, 5 to 20 years and/or up to $25,000. Each video of five minutes or less counts as 100 images. Images made by digital manipulation or artificial intelligence may qualify, and it is no defense that the person depicted is now an adult or deceased. W. Va. Code §§ 61-8C-2, 61-8C-3 |
| Wisconsin | Producing it (sexual exploitation of a child): using or coercing a child to engage in sexually explicit conduct to record or display it, recording such conduct, or producing, distributing, selling or advertising such recordings is a Class C felony: up to 40 years and/or $100,000 (Class F if the offender is under 18). Possessing, or accessing with intent to view, a recording of a child engaged in sexually explicit conduct, or exhibiting or playing one, is a Class D felony: up to 25 years and/or $100,000 for each offense (Class I if the offender is under 18). Adults face mandatory minimum initial confinement of 5 years for exploitation and 3 years for possession, which the court may reduce on stated reasons only if the offender is no more than 48 months older than the child depicted. Wis. Stat. §§ 948.05, 948.12, 939.617, 939.50(3) |
| Wyoming | Wyoming calls this 'sexual exploitation of children.' Causing or permitting a child under 18 to be used to make child pornography, or making, receiving, distributing or possessing it with intent to deliver (including by computer), or using an artificial intelligence system to create it, is a felony punishable by 5 to 12 years, a fine up to $10,000, or both. Simple possession, including possession of AI-generated child pornography the person knows was AI-generated, is a felony punishable by up to 10 years, a fine up to $10,000, or both. A second or later conviction carries 7 to 12 years. The definition covers computer-generated images of a child or of someone 'virtually indistinguishable' from a child, and offenders forfeit the images and property used in or gained from the crime. W.S. 6-4-303 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.